State v. Pugh

ON REHEARING

MADDOX, Justice.

The application for rehearing by the State of Alabama is granted; the original opinions in these cases are withdrawn and the following opinion is substituted therefor:

Harold Pugh was found guilty of robbery by a jury in Jefferson County and was duly sentenced by the trial judge. Pugh timely filed a motion for a new trial, and the trial judge granted his motion.

The transcript of the proceedings held before the trial judge on Pugh’s motion for a new trial contains the following statement by the trial judge of his reasons for granting Pugh’s motion for a new trial:

It…